The Industrial Employment (standing order) Act, 1946 applies to contractors in Haryana

The Industrial Employment (standing order) Act, 1946 makes it obligatory for employers of an industrial establishment where 100 or more workers are employed to clearly define the conditions of employment, by way of standing orders / services rules and to make them known to the workmen employed. However, in the State of Haryana, the Act applies to an industrial establishment including all shops and establishments where 50 or more workmen are employed or were employed in the preceding 12 months. In this connection, the government of Haryana vide circular dated 24th July 2019 has directed all officers of the Labour department to strictly comply with guidelines with reference to Section 2(e)(iv) of Industrial Employment (standing order) Act, 1946. Section 2 (e ) (iv) has made the Act applicable to every establishment of a contractor which is mentioned as “establishment of a person who for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen”. That means every contractor having 50 or more employees is itself an establishment under this Act and required to comply with the provisions of the Act. Thus, in Haryana, Industrial Employment (standing order) Act, 1946 applies to-

  1. All industrial establishments employing 50 or more workmen.
  2. Shops and establishments employing 50 or more workmen.
  3. Contractors employing 50 or more workmen.

Though Contract Labour (Regulation And Abolition) Act, 1970 (CLRA) is there to regulate the service  condition of contractors, but Industrial Employment (standing order) Act, 1946 shall parallelly apply to contractor because  Model Standing Orders under the Industrial Employment (standing order) Act, 1946 has more comprehensive and inclusive service conditions / rules as compared to CLRA.

Apart from this, it is also notified that the employers/contractors shall comply with the Industrial Employment (standing order) Act, 1946 while issuing registration certificate and license under :

  1. The Contract Labour (Regulation And Abolition) Act, 1970
  2. The Inter-State Migrant Workmen (Regulation of employment and condition of Service) Act, 1979
  3. The Motor Transport Workers Act 1961.

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